…After reviewing the record and considering the arguments presented, the Board finds that there are material issues of fact present in the record that preclude dismissing Baker's appeal at this time. The Board notes there is no declaration in the record attesting to Abigail L. Galuteria' s residence at Curtis Street or her intent to remain at the time of Baker's challenge. In addition, the most recent rental agreement for the Curtis Street apartment appears to have been predated subsequent to Baker's challenge. There is also no evidence that the Galuterias repaid the back property taxes on the Pakui Street residence, which would be an indication of the bona fides of their contention in these present proceedings that their prior claims of owner-occupant tax exemptions for the Pakui Street residence had been the result of an oversight. The Board also notes that a fundamental basis of the Galuterias' claim of actual residence at the Curtis Street address is that Senator Galuteria's mother is mentally incapacitated, but this contention is contradicted by the Statement of Eve Gallegos, dated May 2, 2015, submitted by Baker. On the basis of the foregoing, the Board denies the Galuterias' motion to dismiss….
…the Board will conduct a second prehearing conference in this matter on Monday, November 9, 2015, at 10:30 a.m. in the Department of the Attorney General, 2d floor conference room, 425 Queen Street, Honolulu….
…the Board will conduct a hearing in this matter on Monday, November 30, 2015, at 10:30 a.m. in the Department of the Attorney General, 2d floor conference room, 425 Queen Street, Honolulu….
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